A year later, the New York State Crime Commission identified forms of labor racketeering, extortion, and union corruption, and issued a report with numerous recommendationsincluding the creation of the Waterfront Commission of New York Harbor. At another point, however, Roberts distinguished the Port Authority from the Waterfront Commission, which he called a "very important but relatively small enterprise dealing with a particular problem. Roberts suggested to Judith Vale, who was arguing on behalf of New York, that it would be not that disruptive for New Jersey to withdraw. Chris Christie signed a law to pull the state out of the commission. The U.S. Supreme Court on Monday handed New Jersey a victory in its effort to abolish the 70-year-old Waterfront Commission, declining to intervene for now Subscribe at nj.com/supporter. It is set up differently from other interstate agreements including the Port Authority of New York and New Jersey, which was created in 1921. Theres this whole sort of structure to deal with political conflicts, [how] to avoid them, and [how to] reach compromises, and that doesnt exist right now at the Waterfront Commission, said Ry Rivard, a reporter who covers energy, the environment, and transportation in New Jersey for POLITICO, during the webinar. Murphy, following the oral arguments, said he was optimistic that New Jersey would prevail in the case and will finally be allowed to reclaim authority over its ports with a regulatory structure more suited for the 21st century.. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. If not, that would open the door to an ongoing fight should New York go to court to seek an injunction. Phil Murphy said he is "thrilled" about the brief and is confident this will bolster the Garden State's case that it can withdraw from the bistate commission without consent from New York, according to a statement released Monday. But New Jersey argued, among other things, that "mere silence as to withdrawal gives one State no basis to hold another hostage to a compact forever." If you dont believe me, go to the website of the supposed non-profit, Open, There are many things that set New York City apartits spirit, grit, bustle and community boards. In separate letters sent to the U.S. Department of Justice this summer and obtained by POLITICO, the FBI, Department of Labor and U.S. Attorney for the Southern District of New York also all argued the Waterfront Commissions role remains vital. Only a city with such dense neighborhoods and opinionated residents could possibly give rise to so many hyper-local, active resident groups. Attorneys from the U.S. Justice Department have sided with New Jersey in a dispute with New York over the future of the controversial Waterfront Commission, which monitors hiring and criminal activity at the ports, according to a brief filed with the U.S. Supreme Court this week. 2023 Advance Local Media LLC. I guess what Im trying to push back on is that, if the reason they were silent was not because they thought this was in an agreement for all times, but because they were worried about signaling to the mob bosses that they would be leaving, Jackson said. Kathy Hochul to sue New Jersey. Six Men Sentenced for Roles in Illegal Loansharking, Check Cashing, Gambling & Money Laundering Schemes Linked to Genovese Crime Family. New Jersey obviously thinks it can, New York obviously doesnt think it should be able to. The commission was created in 1953 when organized crime had infiltrated the port and was demanding payments from workers and shippers through extortion and violence. Legislators voted to shut down the Waterfront Commission in 2018, charging that it was over-regulating business at the port in an effort to justify its existence, and hurting the states economic interests. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Community Rules apply to all content you upload or otherwise submit to this site. New York has yet to take a position in the matter. The closely watched case could carry broad implications, not just in the control of the sprawling waterfront that stretches from Brooklyn to Elizabeth, but in the possible impact on other agencies established through similar compacts between states, say some legal experts. Charges of racketeering conspiracy, extortion, theft of union benefits, mail fraud, false statements, loansharking, embezzlement of union funds, money laundering, and illegal gambling, dating back over three decades, were brought forth by the United States District Court for the Eastern District of New York in February2008 against leaders of the Gambino crime family, their associates, and union officials. The Waterfront Commission itself was granted permission to file an amicus brief with the court, in support of New Yorks motion to stop New Jersey from killing the agency. The Waterfront Commission declined comment on Monday. Identification includes the WCPD patch on both sides of the upper garments and a WCPD shield (badge) on the left breast. The report detailed extensive illegal, corrupt and unethical behavior on the part of Waterfront Commission staff. New Jerseys arguments have been bolstered by the U.S. Office of the Solicitor General, which argues the governments position for the federal Justice Department in cases before the Supreme Court and was specifically asked by the court to weigh in on this one. Some of Vale's arguments hinged on the idea that the creation of the Waterfront Commission was much like the inception of the Port Authority of New York and New Jersey. Chris Christie signed a bill allowing the state to pull out of the compact, charging the state lacks the authority to withdraw unilaterally. News Header: Former Checker Barred From Returning to Waterfront Following All rights reserved. Colleen Wilson covers the Port Authority and NJ Transit for NorthJersey.com. The Supreme Court docket has recorded the arguments being filed by both the defendant and plaintiff since March 2022. This underworld of crime was portrayed in the 1954 film "On the Waterfront," starring Marlon Brando. The justices spent more time asking Feigenbaum how to craft their opinion in New Jersey's favor than challenging his arguments. WASHINGTON U.S. Supreme Court justices spent nearly an hour poking holes in the points made by a lawyer representing New York during oral arguments Wednesday in a case spurred by New Jersey's bid to leave the bi-state Waterfront Commission. The commission's formation followed by several decades the creation of the vastly bigger Port Authority of New York and New Jersey, which oversees transportation infrastructure in the region. Thursday, the U.S. Supreme Court temporarily If you purchase a product or register for an account through one of the links on our site, we may receive compensation. New Jersey, however, has sought for more than five years to kill the Waterfront Commission, calling the agency a vestige of a past. Hochul to bring a new case last year before the Supreme Court. By the 1970s, only about 8.4-percent of all exports and imports were coming through New York due to transformations in the global economy and trade. The commission immediately went to federal court seeking an injunction against the state and Gov. Indicted in Operation Fistful by Division of Criminal Justice & Waterfront Commission. If New York believes that New Jersey has violated the agreement between the two states, it could seek leave to file an original action against New Jersey in this court, he said. The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and All rights reserved (About Us). That territory includes the ports in Newark, Elizabeth, Bayonne, Staten Island and Brooklyn). That led Gov. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). Solicitor General, as well some states including Texas, have since sided with New Jersey. The Justice Department filed court documents in August that sided with New Jersey and argued that leaving the commission would allow the state to "exercise its full sovereign authority." But each state, she added, had agreed to give up an element of their sovereign powers in return for the benefits of shared regulation of the waterfront. Despite having once vetoed the measure as unconstitutional, then-Gov. Turn on desktop notifications for breaking stories about interest? The governor has set a March 28 date for the state to take over the enforcement role in the state's ports.NJ Governors Office. The Waterfront Commission was established in 1953 after being passed by both state legislatures of New York and New Jersey and Congress as well as being signed into law by then-President Dwight D. Eisenhower. When they entered the waterfront compact, the two states together, because of their shared port, they faced a really tremendous problem of crime and corruption at the shared port that the Port Authority was not prepared to deal with, she said. Vale also argued that the bistate nature of the compact was crucial to its function. Its staff of 75 includes police officers, auditors, investigators, and lawyers. Paulins letter to Hochul seems to question the polices readiness by noting the commissions decades of institutional knowledge that cannot be replaced by another agency.. But during Wednesday's arguments, there was little reference made to mafia crime families and whether they would make inroads back to the ports should the Waterfront Commission be dissolved. Chief Justice John Roberts disagreed, at one point saying it's "hard to unscramble the eggs" of the Port Authority but it's not so "disruptive" to dissolve a much smaller organization such as the Waterfront Commission, whose work is limited to performing background checks and investigations into suspected criminal port activity. Chris Christie signed the bill into law in his final week in office. In essence they [15][16], The report's existence was due, in part, to two whistleblowers, Kevin McGown and Brian Smith, who both resigned and have since filed a discrimination complaint against the agency. Sponsors charged that the agency had over-regulated business at the port to justify its existence, while engaging in enforcement activities they claimed were hurting the states economic interests. We just dont know what the court is going to do., The new beautiful people who love to equate social justice with unconstrained real estate development love to say that everybody could get a great place to live whereever they want if only developers were allowed to build anyplace they wanted to, as tall as they like. The U.S. Supreme Court ordered an abrupt halt Thursday to New Jerseys planned exit from a bi-state watchdog agency that regulates the ports and piers of New York Harbor, just four days before the state was ready to call it quits. Community Rules apply to all content you upload or otherwise submit to this site. Marlon Brando in the 1954 motion picture "On the Waterfront." The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. It is our responsibility to New Yorkers to stop New Jerseys unlawful actions and preserve the ongoing work of this law enforcement agency., Governor [Phil] Murphy continues to believe that New Jersey should have the right to withdraw from a nearly 70-year-old commission that does not meet todays needs or serve New Jerseys interests, said Bailey Lawrence, a spokesperson for the New Jersey governor, as reported by Law360 on October 24, 2022. He looks forward to the case being argued during the Supreme Courts upcoming term and remains optimistic that New Jersey will prevail.. A long-running battle challenging New Jerseys right to walk away from the Waterfront Commission of New York Harbor came under sharp questioning by justices In 2018, on his last day in office, New Jersey Gov. We look forward to an orderly transition from the Commission to the New Jersey State Police.. Others, though, say an even higher stakes battle might be at hand. New York sued New Jersey in March over its withdrawal efforts, arguing that the two states would have to agree to the commission's disbanding, and said the work of the commission is not over, with organized crime still seeking to "exert influence" over port operations. Local journalism needs your support. The bi-state commission was formed in 1953 to combat widespread waterfront crime, including mob activity and the sort of corruption detailed in the movie On the Waterfront.. The commission added that the agency has worked to break the cycle of corruption on the waterfront by preventing individuals with mob ties from infiltrating the workforce. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). All rights reserved (About Us). Download. The Waterfront Commission was created in response to the significant influence of organized crime at the ports during the 20th century including having power over the International Longshoremen's Association, the union that hires workers at the ports and the prevalence of criminal behavior at the docks, such as cargo theft, gambling and loansharking. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court. Jeremy Feigenbaum, a lawyer for New Jersey, argued before the court that the 1953 agreement to create the commission had no language preventing one state from deciding to leave. The Supreme Court seems ready to allow New Jersey to withdraw from a commission the state created decades ago with New York to combat mob influence at their joint port. Yes, he said in an interview, there are still some signs of organized crime around the harbor, but hardly to the extent that it was controlling the waterfront and not to any greater extent than organized crime is involved in any other activity in the state of New Jersey.. Over the years, the Waterfront Commission has documented how some union leaders in the ports have raked in hundreds of thousands of dollars in pay each year by submitting weekly reports in which they claim to work more hours than there are in a week. Waterfront Commission officials, who have pushed back on the states requests for information regarding the agencys operations, including its records, assets Jackson challenged Vales argument that because of that silence, both states must agree on the Waterfront Commissions dissolution. Phil Murphy was sworn in, the Waterfront Commission sued the governor to stop him from submitting the formal notice needed to leave the commission. And on Friday, the shipping industry said it would no longer pay millions in annual charges to the commission, pointing to the states position that it would not be able to operate legally without a quorum. Under statutory mandate, the mission of the commission is to investigate, deter, combat and remedy criminal activity and influence in the port district and also ensures fair hiring and employment practices. When New York and New Jersey formed the Waterfront Commission Compact in 1953, they intended to prohibit unilateral termination, argued Vale in her opening statement. Justice Samuel Alito questioned her on that point. New Jersey wants the Supreme Court to let it out of a commission that has fought mob corruption since 1953. For New Jersey, despite Murphys public statements over whether the Waterfront Commission has outlived its time, the issue for the state remained one of a states sovereign power. Its formation in 1953 came in the wake of series newspaper stories that exposed the racketeering and labor abuses then widespread on the piers which led to major reforms inspiring the Marlon Brando film classic On the Waterfront.. The State Police has already become a presence in the port areas in New Jersey in advance of the March withdrawal deadline. It asked for details on their current positions and resumes. Get updates on the coronavirus pandemic and other news as it happens with our free breaking news email alerts. The commission has long outlived its original mission and, today, only stands as a roadblock to hiring and operations at our ports. 2023 Advance Local Media LLC. Industry officials also maintained that the commission overstated the problem of crime on the docks. Phil Murphy at Port Newark in December. The That sets up a three-month transfer period where some of the duties of the commission are assumed by the state. The Waterfront Commission is staffed by commission attorneys who are trained in various law enforcement and police investigative techniques. Gov. The agencys two commissioners and executive staff members were swept out and new leadership has since been installed. Whether a New York-New Jersey mob-busting law enforcement agency should sleep with the fishes was the subject of arguments Wednesday before the U.S. Supreme Court. The Police Division operates in Manhattan and Brooklyn and has three offices, two in NY: The Waterfront Commission of New York Harbor cooperates with various state, federal, and local law enforcement authorities in pursuing investigations into waterfront-related crimes. We want to know if you are interested in transitioning your employment from the current commission to the state of New Jersey, wrote State Police Superintendent Col. Patrick Callahan in a letter sent last week to Waterfront Commission employees. The Waterfront Commission filed suit in 2018 shortly after Gov. To put the workforce into context, about 40,000 to 50,000 workers were showing up at the docks in 1953 and about 8,000 registered workers were showing up by 1980, according to Catapano. Wednesday's court appearance came less than a year after New York sued New Jersey over its attempt to exit the commission, a process that began in 2018 when the New Jersey Legislature approved the withdrawal. But New Jersey, in its own filings before the court, argued that the reasons for the commission no longer exist, adding that cargo is now moved in shipping containers, handled by far fewer longshoremen, and that most of the ports operations have shifted to New Jersey. Community Rules apply to all content you upload or otherwise submit to this site. The two-member commission with one commissioner from each state oversees licensing and inspections at the Port of New York and New Jersey and has its Phil Murphy wants to use the State Police take up the responsibilities of the commission, including the vetting and licensing of dockworkers. The U.S. Supreme Court on Monday handed New Jersey a victory in its effort to abolish the 70-year-old Waterfront Commission, declining to intervene for now in whether the state can leave the bi-state agency tasked with keeping the ports around New York Harbor free of organized crime. After a federal judge struck down the New Jersey law ruling that the governor and the state Legislature could not simply walk away from its agreement with New York the United States Court of Appeals for the Third Circuit reversed the ruling. Chris Christie in his final week in office, even though he had once vetoed it as unconstitutional. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. The survival of the Waterfront Commission of New York Harbor came before the nine justices after New York sued New Jersey over the Garden States unilateral effort to shut down the bistate agency. Gov. Make descriptions so clear that persons unfamiliar with the work can understand exactly what is done.. New Jersey, the justices questioned counsel for New York on whether New Jersey could be held to the 1953 Waterfront Commission Compact indefinitely. Hochuls counsel has added that the commission remains a major player in the ongoing battle against organized crime and corruption in the ports shared by the two states. But 70 years have passed, and the New Jersey Legislature has concluded that the commission now engages in overregulation of business and is ill-equipped to handle 21st century security challenges, Feigenbaum told the justices. It certifies that those hired on the waterfront are not tied to organized crime and are otherwise fit to work in the shipping trade. Vale responded that commerce from the joint ports of New York Harbor remained a huge driver of the states economy and that New York itself still has sovereign interests in the marine terminals operated by the Port Authority of New York and New Jersey located in New Jersey.